In Knick v Scott, SCOTUS overruled precedent requiring property owners asserting takings by state or local government to exhaust state court remedies before seeking relief in the federal courts....more
7/1/2019
/ 42 U.S.C. §1983 ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Precedential Opinion ,
Property Owners ,
Reversal ,
SCOTUS ,
State Law Remedies ,
Takings Clause
In a published decision, the Court of Appeals dismissed a condemnation for lack of jurisdiction because the agency failed to make a proper good faith offer that included all owners.
This week, the Michigan Court of Appeals...more
Recently, the Michigan Pipeline Safety Advisory Board adopted a resolution seeking temporary closure of the Line 5 pipeline. A majority of the board members abstained from the vote, potentially for political reasons, but...more
Let’s face it. Sometimes right of way agents can be sleazy. Here are some tactics to avoid.
I open this post with a disclaimer. All types of people can be confronted with a condemnation project. Their experience with legal...more
ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers.
This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural...more
The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking.
In the broadest...more
6/26/2017
/ Common Ownership ,
Fifth Amendment ,
Just Compensation ,
Land Parcels ,
Murr v Wisconsin ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
SCOTUS ,
Takings Clause ,
Zoning Laws
ET Rover’s pipeline construction activities in Ohio for the same pipeline that is being built in Lenawee and Washtenaw Counties in Michigan result in multiple environmental and other violations, leaving some to believe that...more
Consumers will replace and partially reroute its pipeline in Saginaw, Genesee, and Oakland Counties.
Consumers Energy is joining the pipeline party. In the last year, I have represented property owners in pipeline...more
In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge.
As I have previously noted, greater flexibility...more
ITC is seeking expanded vegetation management rights from property owners in Washington Township.
I was recently contacted by a property owner who received a good faith offer from ITC. The good faith offer seeks expanded...more
A pipeline explosion in Shelby, Alabama killing one worker and sending five to the hospital.
While there may be thousands of miles of pipelines throughout the country, accidents involving them are unfortunately too...more
ITC has filed a series of lawsuits in Wayne County Circuit Court seeking to expand its vegetation management rights on residential properties in Taylor and Dearborn.
I have been retained or I am in the process of being...more
Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more
Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more
Recently, the Oakland County Road Commission has been filing suits involving properties on Orchard Lake Road.
The Oakland County Road Commission has a long-term plan to install multiple roundabouts in the area of Orchard...more
As part of its continuing efforts to expand its vegetation management rights, International Transmission Company or ITC is contacting property owners in Shelby Township seeking new expanded easements. Following the 2004...more
Wolverine Pipe Line Company received the administrative approval that is a prerequisite to it acquiring necessary property rights and constructing its project. On June 17, 2015, Wolverine Pipe Line Company filed anApplication...more
Has DTE withheld distribution of complete easements, including the exhibit containing the legal description of the encumbered property, in an attempt to hide the true impacts of the easements from homeowners? Last night, I...more